[HISTORY: Adopted by the Board of Supervisors of the Township
of Potter 12-20-2021 by Ord. No. 07-2021. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Only a natural person.
Any person who engages in "peddling," as defined in the definition
in this section.
The selling or offering for sale of any goods, wares, services,
or merchandise for immediate delivery, which goods, wares, services,
or merchandise the person selling or offering for sale carries with
him in traveling or has in his possession or control upon any of the
streets or sidewalks, from house to house, by visitation to private
residences or by entering in or upon private property within the Township.
However, the words "soliciting" and "peddling" do not apply to:
Farmers selling their own produce;
The sale of goods, wares, and merchandise donated by the owners
thereof, the proceeds which are to be applied to any charitable or
philanthropic purpose;
Any manufacturer or producer in the sale of bread and bakery
products, meat and meat products, or milk and milk products.
Boys and girls under the age of 18 years who take orders for
and deliver products being sold to raise funds for organizations that
they belong to, represent, or participate in activities with such
as schools, churches, Boy or Girl Scouts, athletic teams, or similar
organizations.
The seeking or taking of orders by insurance agents or brokers
permitted under the insurance laws of the Commonwealth of Pennsylvania.
Any person who has complied with the provisions of the Act of
Assembly of the Commonwealth of Pennsylvania known as the "Solicitation
of Funds for Charitable Purposes Act of 1990."
Subject to the exceptions provided for in the definition
of "peddling" in this section, "soliciting" means the seeking or taking
of contracts or orders for any goods, wares, services or merchandise
for future delivery or for subscriptions or contributions, upon any
of the streets or sidewalks or from house to house or by visitation
to private residences or by entering in or upon private property within
the Township. It further means the seeking or taking of contracts
or orders for home or other building repair, improvement and alteration
and also orders or contracts for any mechanical, electrical, plumbing
or heating device or equipment for house or other building improvement
or repair upon or from the places aforesaid within the Township.
Any person engaged in soliciting.
No person shall engage in peddling or solicitation in the Township
without first having obtained a permit as provided herein.
A.
Every person desiring to engage in peddling or soliciting in the
Township shall submit a written application and current/valid photo
identification to the Zoning Officer. If such person shall also be
required to obtain a permit from any county officer, such person shall,
on making such application, exhibit a valid county permit.
B.
The application shall contain the following information verified
by oath or affirmation:
(1)
The nature of the goods, wares, services, or merchandise offered
for sale;
(2)
The make and type of vehicle, if any, the applicant will use, including
its registration number and proof of vehicle insurance;
(3)
A statement as to whether or not the applicant has ever been convicted
of a felony, misdemeanor, or a crime of any kind, except for traffic
violations;
(4)
Each person who will be engaging in soliciting or peddling shall
complete a separate application and be subject to the same application
fee.
(5)
No permit under this chapter shall be transferable from one person
to another.
(6)
The permit shall be good for 30 days from date of issuance. The permit
may be renewed for one additional consecutive thirty-day period for
an additional fee.
(7)
Failure to do so will be a violation of this chapter. Failure to
file an application and obtain a permit shall be a violation of this
chapter.
The fee to be paid for a permit shall be as established by resolution
of the Board of Supervisors at the annual reorganization meeting.
A person shall not go upon any residential premises and ring
the doorbell or rap or knock upon the door or create any sound in
a manner calculated to attract the attention of the occupant of the
residence for the purpose of engaging in or attempting to engage in
a home solicitation transaction before 9:00 a.m. or after 7:00 p.m.
of any day, Sunday through Saturday.
No person permitted as a peddler under this chapter shall:
A.
Solicit at any time on New Year's Day, Memorial Day, July 4,
Labor Day, Thanksgiving Day or Christmas Day;
B.
Hawk or cry his goods, wares, services, or merchandise from any of
the streets or sidewalks of the Township, nor shall he use any sound
amplification system, loudspeakers or horn or any other device for
announcing his presence, by which the public may be annoyed;
C.
Park any vehicle on any of the streets, roads, or alleys of the Township
in order to sort, rearrange or clean any of his goods, wares, services,
or merchandise;
D.
Deposit any refuse on any of the streets, roads, or alleys of the
Township;
E.
Maintain or keep a street or curbstone market by parking any vehicle
on any street or alley in the Township for longer than necessary in
order to sell to persons residing in the immediate vicinity;
F.
Occupy any fixed location upon any of the sidewalks of the streets,
roads, or alleys or sidewalks of the Township for the purpose of peddling,
with or without any stand or counter;
G.
Engage in peddling or soliciting on any premises or residence located
in the Township if the premises or residences have posted against
solicitation by means of a notice prominently displayed, upon which
is printed the legend "NO SOLICITORS";
H.
Engage in peddling or soliciting after being asked to leave the premises
or residence by the owner or occupant;
I.
Misrepresent the purpose of the solicitation.
The Zoning Officer is hereby authorized to suspend or revoke
any permit issued under this chapter when he deems such suspension
to be beneficial to the public health, safety, or morals, or for violation
of any of the provisions of this chapter, or for giving false information
on any application for a permit hereunder. All revocations of permits
are effective immediately. Appeals from any suspension or revocation
may be made to the Board of Supervisors at any time within 10 days
after such suspension or revocation. No part of a permit fee shall
be refunded to any person whose license shall have been suspended
or revoked.
A.
Whoever violates any of the provisions of this chapter shall be considered
a summary offense and shall be fined not less than $100 and not more
than $1,000, plus costs of prosecution for such offense and in default
of payment of said fine and costs, shall be imprisoned for not more
than 30 days.
